How to File for Relief Under Section 12 of the Domestic Violence Act
How to File for Relief Under Section 12 of the Domestic Violence Act : The Protection of Women from Domestic Violence Act, 2005 (DV Act) is a landmark legislation designed to protect women from abuse, violence, and discrimination within the domestic sphere. It provides effective remedies and legal recourse for women facing physical, emotional, verbal, sexual, or economic abuse.
We explains how an aggrieved woman can file an application under Section 12 of the Domestic Violence Act, its maintainability, and jurisdictional aspects, along with key judicial interpretations.
How Can an Aggrieved Woman File for Relief Under the Domestic Violence Act (DV Act)?
Table of Contents
Filing an Application for Relief Under Section 12 of the DV Act
Under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005, an aggrieved woman can file an application before the Magistrate seeking relief against domestic violence. The application may be filed by:
- The aggrieved woman herself, or
- Through a Protection Officer, or
- Any other person on her behalf.
The Magistrate is the only authority empowered to entertain and decide upon such an application. Neither a civil court nor a family court has the jurisdiction to hear or transfer cases filed under Section 12.
How to File for Relief Under Section 12 of the Domestic Violence Act
Format and Procedure of Application
As per Rule 11 of the Domestic Violence Rules, 2006, the Act provides a standard format for filing an application under Section 12(1). The application should clearly mention:
- Details of the aggrieved person and the respondent
- Nature of the relationship between them
- Type of domestic violence faced
- Nature of relief sought—such as protection, residence, maintenance, custody, or compensation.
Under Rule 6(5) of the same Rules, the orders passed by the Magistrate under Section 12 are enforced in the same manner as orders under Section 125 of the Code of Criminal Procedure (CrPC), 1973.
Maintainability of the Application
A crucial question that often arises is whether a divorced woman or a woman no longer living with the respondent can seek relief under Section 12.
The courts have clarified that the Act is not retrospective, but it allows prospective relief. This means that even if the relationship has ended (for instance, by divorce), the woman can still seek protection or maintenance for ongoing effects of domestic violence.
The phrase “who live together or have at some time lived together in a shared household” in the Act indicates that an existing relationship is not mandatory for filing an application. Thus, a divorced woman’s application under Section 12 is maintainable.
Nature of Proceedings: Quasi-Civil in Nature
Proceedings under the Domestic Violence Act are quasi-civil in nature, not criminal. This means the respondent is not an accused merely because a complaint is filed under the DV Act. A respondent becomes liable for criminal action only if they violate a court order passed under the Act, as stated in Section 31.
Therefore:
- If the respondent disobeys or breaches an order of protection, residence, or maintenance, a criminal offense is deemed to have been committed.
- In such cases, Sections 468 and 469 of the CrPC apply for limitation and cognizance.
The court also has the power to permit amendments to the application or written statement, ensuring flexibility and fairness in proceedings.
Jurisdiction and Transfer of Cases
It is important to note that only a Magistrate has jurisdiction under Section 12 of the Act.
- A petition under Section 12 cannot be transferred to a family court or civil court.
- Any such transfer would be invalid, as it would confer jurisdiction on a court that does not possess it under law.
Hence, all applications and related proceedings must be conducted before the Magistrate’s court.
Role of Police and Investigation
When a woman files a complaint under the Domestic Violence Act, alleging domestic abuse or violence, the police are duty-bound to take the matter seriously.
The investigating agency must:
- Conduct a thorough investigation,
- Examine not only the family members but also neighbors, friends, and other witnesses, and
- Submit a detailed report to the Magistrate after careful verification.
The court, and not the police, will finally decide whether to take cognizance of the offense under the provisions of the Act.
Meaning of the Term “Complaint”
The term “complaint” under the DV Act does not carry a narrow criminal meaning.
As per Rule 2(b) of the Domestic Violence Rules, 2006, it includes any oral or written complaint made for the protection of rights.
Thus, it refers broadly to any application or grievance raised by an aggrieved woman complaining of domestic violence, not necessarily a complaint of a criminal nature.
Judicial Interpretation
In K. Narasimhan v. Mrs. Rohini Devanathan (2010), the court observed that if the petitioner and the respondent never lived together in the same household, charges under Sections 2(c) or 2(d) of the Act cannot be framed. The ruling clarified that the existence of a shared household is a prerequisite for certain allegations, but not for all forms of relief under Section 12.
Conclusion
The Protection of Women from Domestic Violence Act, 2005 stands as a progressive and empowering law for women facing domestic abuse in India. It ensures that victims receive timely protection, financial assistance, and justice.
Under Section 12, an aggrieved woman—whether married, separated, or divorced—can approach a Magistrate to seek legal remedies and protection against domestic violence. The proceedings are civil in nature, focused on relief and rehabilitation rather than punishment.
Women must be aware of their right to file an application under Section 12, and authorities must ensure speedy and sensitive handling of such cases to uphold the spirit of justice, safety, and dignity envisioned by the Act.
Filing for Relief Under Section 12 of the Domestic Violence Act: Rights, Procedure, and Legal Remedies for Women
#DomesticViolenceAct, #Section12DVAct, #WomenRights, #LegalAwareness, #WomenProtection, #JusticeForWomen, #StopDomesticViolence, #WomenEmpowerment, #DVAct2005, #IndianLaw, #LegalRemedy, #WomenSafety, #LawForWomen, #FileDVCase, #MagistrateCourt, #DomesticAbuseAwareness, #RightToProtection, #LegalSupportForWomen
